The EEOC Right-To-Sue Letter: What It Is and What To Do Next

You filed a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) and waited months for their investigation. Now you’ve received a “Notice of Right to Sue” letter in the mail. What does that mean? It might seem like the EEOC is telling you that you should sue, or that you’ve won your case. Neither is necessarily true.

This article explains what an EEOC right-to-sue letter is, what it means for your case, and the critical decisions you need to make under a tight deadline. You have only 90 days from the date you receive this letter to file a lawsuit. Understanding your options is essential, so consider meeting with a local employment law attorney to learn more about your next steps.

What Is an EEOC Right-To-Sue Letter?

Before you can file a lawsuit against an employer for sexual harassment or other discriminatory acts, you must first “exhaust your administrative resources.” This includes filing a charge with the EEOC. The EEOC investigates your claim and may suggest other remedies first, such as conciliation or mediation.

If the employer has violated the law, the EEOC may sue on your behalf. The agency will end its investigation if it can’t confirm that discrimination occurred.

Either way, the EEOC will issue a right-to-sue letter. This letter states that the EEOC has completed its investigation and gives you 90 days to file a lawsuit against your employer.

Federal and State Employee Claims

Federal and state government employees have different procedures and deadlines. State government claims may have different deadlines. If you are filing a federal or state government claim, consult an attorney with government EEO experience.

Cause and No Cause Findings

At the end of an EEOC investigation, the agency will issue a finding of “cause” or “no cause.” Regardless of the EEOC‘s outcome, you still retain the right to file a lawsuit. Let’s take a closer look at what these terms mean:

• Cause (or “reasonable cause”) means the EEOC believes that discrimination probably occurred. The next step is conciliation or mediation. The EEOC may sue on your behalf, but you have the option of doing so yourself. If the latter, the EEOC issues a Notice of Right-to-Sue letter.
• No cause means the EEOC did not find sufficient evidence to support a charge of discrimination. However, this doesn’t mean that no discrimination occurred. The case is administratively closed with no further action pending. If you want to pursue legal action, you must hire a private attorney.

In both cases, you’ve exhausted your administrative remedies as required by law and have 90 days to file a lawsuit. The only difference is that a finding of “no cause” means you won’t have proof of discriminatory conduct from the EEOC to support your case.

The Critical 90-Day Deadline

The 90-day deadline was set under Title VII of the Civil Rights Act of 1964. The purpose of the deadline was to keep discrimination claims fresh and encourage private causes of action.

The 90-day clock begins running the day either you or your attorney receives the notice of right to sue or notice of “no cause.” If you miss the deadline, you’ll be barred from any legal action with regard to that discriminatory matter. Given the complexity of the law and the possibility of filing a complaint, it’s a good idea to consult an attorney.

Exceptions to the 90-Day Deadline

There are two exceptions to the 90-day deadline and the need for a Right-to-Sue Letter. Under the Age Discrimination in Employment Act (ADEA), you don’t need to wait for the EEOC to respond. You can file a lawsuit anytime starting 60 days after you file your EEOC charge, as long as you file within 90 days after the EEOC closes its investigation. For lawsuits under the Equal Pay Act within two years of the discriminatory act, you can skip filing an EEOC charge.

Sooner is often better, but any mistakes can lead to disaster. Consider reaching out to an employment law attorney for assistance.

Do I Need a Lawyer?

It’s a good idea to consult an attorney before filing an EEOC claim. Not all employment claims require a lawsuit. Some situations can be resolved with a stern letter, especially in smaller companies. Having an outside opinion first can save you more money and time later.

Once you file the claim, it’ll take some time for the EEOC to review your case. Once they finish, the clock starts ticking on your window to find an attorney and begin legal action. Not all attorneys will take employment cases, and many won’t take cases with less than 60 days left on a deadline. Having someone familiar with the case means acting as soon as you receive the Right to Sue (or “no cause”) letter.

An attorney with litigation experience in employment discrimination is invaluable. They’ll examine your case, explain your options, and represent you throughout the process. The purpose of civil litigation is to “make you whole,” or compensate you for lost wages and other costs arising from the harm done to you.

If the EEOC finds there is no cause (no proof of discrimination) and you have little or nothing to receive in compensation, the best resolution may be to quit and leave the job. Your attorney can explain when the financial and emotional costs of a lawsuit may outweigh the potential recovery.

Get Legal Advice From an Employment Law Attorney

An EEOC Right-to-Sue letter is not the end of your employment discrimination case. You can file right after receiving your letter if you have an employment lawyer ready. There’s only a 90-day window to start a legal action.

Don’t let the deadline pass without reviewing all your legal options. Contact an employment law attorney in your area if you think you have a claim for employment discrimination, wrongful termination, or other workplace issues.